Written Form

Under German law, written form means that a contract or declaration is recorded on paper and signed by hand. In everyday speech, any written version is called this, including an email or chat history. Legally, there is a difference, and that difference matters for contracts relating to shoots.

Three forms that are often confused

• Written form in the strict sense requires a document with a handwritten signature. This is regulated in Section 126 of the German Civil Code (BGB).
• Electronic form replaces the signature with a qualified electronic signature. A scanned signature or a checkmark in an online form is not sufficient for this.
• Text form is sufficient with a readable declaration that identifies the person making the declaration, for example by email or message.

Many online signature services do not create a qualified electronic signature. This does not make a contract concluded through such a service invalid, as long as the law does not require a strict form. It is still not written form within the meaning of the law. If a contract expressly requires written form for termination or amendments, a mere email may therefore be insufficient, and the deadline may expire unused.

Statutory requirement or contractual agreement

Most contracts, including the model contract, are not subject to any specific formal requirement under German law. They are also valid if concluded orally. The problem is proof: What was only discussed is difficult to establish in a dispute, and the other party may remember the conversation differently.

That is why contracts often specify a form themselves, for example requiring amendments and terminations to be made in writing. Such clauses are useful because they make spontaneous side agreements more difficult. However, they have limits: An individually agreed arrangement may, in individual cases, also be valid even if the required form was not observed. You should not rely on this.

On set and afterwards

For shoots, this means in practical terms: Everything concerning the content of a scene, the fee or the rights belongs in the signed contract or in a signed addendum. This applies especially to boundaries. In our case, the Yes-No-Maybe List is part of the contract and attached to it, rather than merely being discussed.

A yes to something new that is asked for verbally on the shooting day is not a sound basis. If someone wants to change something, they should stop, add the change to the agreement in writing, and only then continue shooting. A no, on the other hand, does not require any particular form; it applies immediately.

The law also does not prescribe a specific form for consent to the publication of recordings. However, because the production must be able to prove that consent was given, it is almost always obtained in writing in practice, usually together with the Model Release.

What to keep in mind

• Have every agreement sent to you in full before you sign.
• Keep a copy bearing both signatures, digitally and, if possible, on paper as well.
• Check what form the contract requires for termination and amendments.
• Record verbal commitments in a message afterwards and ask for confirmation.

This entry explains the general concepts of form and does not replace legal advice.